Caveat Lawyers Melbourne

Frequently asked questions.

Plain-English answers to the questions we are asked most often by Melbourne clients.

Someone has lodged a caveat on my property. What should I do first?

Obtain a current title search and a copy of the registered caveat. The caveat shows who lodged it, their address for service, the interest claimed and the grounds of claim. Then get advice promptly, particularly if a sale settlement or refinance is coming up — the time available usually decides which removal route is realistic.

How can a caveat be removed in Victoria?

There are four main routes: the caveator voluntarily withdraws it (often after negotiation); a lapsing notice under section 89A of the Transfer of Land Act 1958 (Vic); lapse triggered by lodging an inconsistent dealing under section 90(1), unless an exception applies or the court extends the caveat under section 90(2); or a court application for removal under section 90(3). The right route depends on the strength of the claim and how urgent the matter is.

How long does a section 89A lapsing notice take?

The Registrar of Titles notifies the caveator of a lapse day at least 30 days after the notice is served or posted. The caveat lapses on that day unless the caveator gives notice that they have commenced court proceedings to establish their claim. The application must be supported by a certificate from a Victorian legal practitioner that, in their opinion, the caveator does not have the interest claimed. Because of the 30-day minimum, it is usually too slow where settlement is days away.

Can a caveat be removed urgently before settlement?

Often, yes. The realistic options are a negotiated withdrawal — sometimes in exchange for an agreed amount of the sale proceeds being held in a controlled account pending resolution — or an urgent application to the Supreme Court of Victoria under section 90(3). On such an application the caveator generally must show a serious question that they have the interest claimed and that the balance of convenience favours keeping the caveat in place.

Can I lodge a caveat to protect a debt or a family law claim?

Not on that basis alone. A caveat must protect an existing legal or equitable interest in the particular land — for example a purchaser's interest under a contract, an equitable mortgage or charge, or an interest under a trust. An unsecured debt, or the bare fact of a pending or intended property settlement under the Family Law Act 1975 (Cth), does not by itself create a caveatable interest. We assess whether an interest genuinely exists before any caveat is lodged.

What is the risk of lodging a caveat without a proper basis?

Under section 118 of the Transfer of Land Act 1958 (Vic), a person who lodges a caveat without reasonable cause may be ordered to pay compensation to anyone who suffers loss as a result. A caveator who loses a removal application may also be ordered to pay legal costs. Liability is not automatic: a caveat lodged to protect a genuinely arguable claim may still have been lodged with reasonable cause.

Can a caveator simply lodge the caveat again after it is removed?

Not for the same interest. Section 91(4) provides that a caveat that has lapsed or been removed by court order must not be renewed by or on behalf of the same person in respect of the same interest.

How much does an initial caveat consultation cost?

Our initial caveat consultation is $750 plus GST ($825 including GST). It includes preliminary consideration of the relevant title search and caveat documents you provide in advance, a discussion of your circumstances and advice on your options and next steps. It is not an unlimited document review or a written opinion. Any further work — such as detailed document review, correspondence, a section 89A application, negotiating a withdrawal or court proceedings — is quoted separately before it begins.